AN ACT

Authorising the collection of toll at the Cahawba Bridge

Sec 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Town Council of Cahawba, shall be and


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they are hereby authorised to receive toll at the Cahawba Bridge, at the following rates, to wit: For man and horse six and one quarter cents; for each led or loose horse, three cents; for each head of cattle, two cents; for each head of sheep, two cents; for each head of hogs, one cent; for each loaded wagon and team, fifty cents; for each wagon and team not loaded, twenty-five cents; for each four wheel pleasure carriage, fifty cents; for each two wheel pleasure carriage, twenty-five cents; and all other two wheeled carriages, twenty-five cents each.

Sec. 2. And be it further enacted, That the Town Council shall apply the proceeds arising from the toll so collected at least once in three months, towards defraying the expenses which have been or which may be hereafter incurred in building and completing said Bridge, and shall cause to be made out a fair statement of all sums collected under and by the authority of this act, and shall lay the same before the Legislature at their first meeting in the year one thousand eight hundred and twenty-two, showing in what way and to what purposes the same may have been applied.

Sec. 3. And be it further enacted, That this act shall be and remain in force until the first day of November, 1822.

Sec. 4. And be it further enacted, That all monies arising from the rent of the ferries within the Town of Cahawba, and of the reserved lands adjacent to said Town, which are now due, or which may become due on or before the first day of February, next, and which are not otherwise appropriated, be, and the same are hereby vested in the Town Council of Cahawba, to be applied in defraying the expenses of building the Cahawba Bridge, and of completing the same.

Sec. 5. And be it further enacted, That the said Town Council are hereby required to account to the Legislature exhibiting how much they may have received of the above monies and how applied.

G. W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved, June 16, 1821….....THOMAS BIBB.

_________

AN ACT

To repeal the second section of an act passed the 20th December, 1820, to establish certain election precincts therein mentioned, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there shall be five election precincts in the


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county of Cotaco county, in addition to the one holden at the Court house, viz: one at the house of James Thomberson; one at the Store-house of Craft and Holly; and at the house of Larkin R. Rogers; one at the house of William. Johnstone in Centerville; and one at the house of Jesse White in Decatur.

Sec. 2 And be it further enacted, That in the county of Tuscaloosa, there shall be an additional election precinct at the house of William Cavenish.

Sec. 3. And be it further enacted, That in the county of Limestone, there shall be an election precinct at the house of Edward Massey, in addition to those already provided for by law.

Sec. 4. And be it further enacted, That so much of an act entitled an act defining the boundaries of Marion county, and for other purposes, as prevents the commissioners appointed to fix on the scite for the public buildings in the county of Marion, from selecting a smaller quantity of land than one quarter section, on which to erect said public buildings be, and the same are hereby repealed, and it is hereby declared, that the said commissioners shall have authority to contract for and receive under the provisions of the above recited act, any quantity of land, not exceeding one hundred and sixty acres.

Sec. 5. And be it further enacted, That the election precincts heretofore established at the houses of William McFadden and John Woods in the county of Marion, be, and the same are hereby declared to be discontinued; and in lien of the same, it is hereby declared, that hereafter there shall be an election precinct at the house of Jabez Fitzgerald, in the said county of Marion.

GEORGE W. OWEN, Speaker of the House of Represent's.

GABRIEL MOORE, President of the Senate.

Approved June 12, 1821….THOMAS BIBB.

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AN ACT

To amend an act, to alter and amend the laws regulating the admission and practice of Councilors and Attorneys at Law.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall and may be lawful for any two Judges of the Circuit Courts in this State to grant license to Attorneys to practice in the Circuit of County Courts, any law to the contrary notwithstanding.

GEORGE W. OWEN, Speaker of the House of Reprsent's.

GABRIEL MOORE, President of the Senate.

Approved June 14, 1821…..THOMAS BIBB.


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AN ACT

To amend an act entitled an act to establish a Bank in the Town of Mobile, passed at St. Stephens, the 20th of November, 1818.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That so much of the act to incorporate the President, Directors, and Company of the Bank of Mobile as declares that no person shall be eligible as a Director of said Bank for more than three years in succession, be and the same is hereby repealed.

GEORGE W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved, June 11, 1821…...THOMAS BIBB.

____

AN ACT

Supplementary to an act making appropriations for the year one thousand eight hundred and twenty-one, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the following sums of money be and they are hereby appropriated to defray the expenses of the General Assembly, at this extra session, and other contingent charges of the government namely: For the pay of members of the General Assembly, three thousand dollars; for the compensation of the clerks of the House of Representatives Secretaries of the Senate, and door keepers, seven hundred dollars; for the payment of the Sheriff of Dallas County, for attendance on the Supreme Court, two hundred dollars; for the payment of the Comptroller of this State for clerk hire during the two sessions of the Legislature in consideration of extra duties imposed on that office, seventy-five dollars; for extra compensation for the public printer, three hundred and ninety-nine dollars; Provided that it shall be the duty of the public Printer to complete the Journals and Laws of the present session, which have been required within twenty days after the adjournment of the present session; for the payment of the door keepers accounts rendered for stationary furnished the House of Representatives, and Senate during the extra session, seventy dollars; to Chapley R. Wellborn, sixteen dollars and eighty cents as fees due him as jailer of Limestone county; for the payment of Constables certificates for attendance on the late superior and present circuit courts, four hundred dollars; to the clerks of the county courts for making out lists of taxable property, eight hundred dollars.

Sec. 2. And be it further enacted, That the Secretary of courts


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State be allowed one hundred dollars for his services in copying the laws of the present session of the General Assembly.

Sec. 3. And be it further enacted, That the sum of four dollars and fifty cents be appointed to the payment of Nathan Sargent for paper, quills and inkstands; That the sum of three dollars and seventy-five cents be appropriated to the payment of Dr. Gantt, for six dozen ink phials; that the sum of seven dollars and fifty cents be appropriated to the payment of Joseph Camp, for six dozen wood stands; that the sum of two dollars be appropriated to the payment of Wilson for fixing six dozen phials in stands, furnished at the last session of the General Assembly; that ten dollars be appropriated for a table for the Secretary of the Senate.

Sec. 4. And be it further enacted, That from and after the passage of this act any Judge or Justice of the County Court, who has been regularly licensed to practice law in this State, shall be allowed to practice in the Circuit Court of the county in which he resides, and in no other Court. Provided, that he shall not be engaged directly or indirectly in any cause which may have been determined or tried before him, any law to the contrary notwithstanding.

Sec. 5. And be it further enacted, That the election of Judges of the County Courts, made by the present General Assembly is hereby declared to be valid to all intents and purposes.

G. W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved, June 15, 1821…......THOMAS BIBB.

____

AN ACT

Supplementary to an act entitled an act to organize the militia of this State, passed at Cahawba, December 20th 1820, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, it shall be lawful for the sixth and fifteenth regiments of the militia of this State to consist of any number of companies not exceeding twelve nor less than four, any thing in the act to which this is a supplement to the contrary notwithstanding.

Sec. 2. And be it further enacted, That courts martial shall hereafter have the same power to compel the attendance of witnesses as are vested in the Courts of law and equity in this State.


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Sec. 3. And be it further enacted, That so much of the 14th section of the act to organize the militia of this state passed at Cahawba, December 20, 1820, as makes it the duty of commanding officers of regiments to transmit a copy of the order ordering battalion musters to the major Generals of Divisions, be and the same is hereby repealed.

Sec. 4. And be it further enacted, That it shall be the duty of the Brigadier General to transmit a copy of the order ordering Regimental musters to the Major General of the Divisions, whose duty it shall be to transmit to the Governor a copy of the same.

Sec. 5. And be it further enacted, That from and after the passage of this act, there may be one company of volunteer Light Infantry and Riflemen in each Regiment to consist of not less than forty, nor more than eighty privates to be officered in the same manner as other companies of the Regiment are; the non-comissioned officers and privates of the said companies shall be liable to do patrol duty within the limits of the militia companies in which they may reside; they may chose their own uniform, and no volunteer company shall be raised for a shorter period than two years.

Sec. 6. And be it further enacted, That the first Regiment shall be divided by the Brigadier General commanding the Brigade, and the Regiment when divided shall compose a part of the first Brigade; the additional Regiment shall be the thirty-fifth Regiment: the eastern Regiment of Jackson shall be the first, and the western Regiment shall be thirty-fifth Regiment of the militia of this State. And the Brigadier General shall issue writs of election to officer the Regiment as in cases provided by law.

Sec. 7. And be it further enacted, That nothing in this act of in the act to which this is an amendment shall be so construed as to prevent the organizing and establishing the volunteer company of Light Infantry called and styled "the Independent Blues of the Town of Huntsville," raised by Captain J. K. Dunn. And it is hereby made lawful for the Executive to cause commissioners to issue to the different persons who have been elected as officers in said company: And the same shall constitute a part of the third Regiment, and be subject to all the rules and regulations, as provided by the existing laws.

GEORGE W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved, June 16, 1821….......THOMAS BIBB.


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AN ACT

To amend an act, passed at Huntsville Dec. 16th 1819, entitled "an act to establish a public road therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives, of the State of Alabama in General Assembly convened, That John Byler and associates in addition to the work already done, on the road called and known as Byler's Turnpike road, shall make good and sufficient causeways on all the soft ground, clear the grubs at least twelve feet wide, straighten the road where necessary, and keep it in good repair from the south boundary of township eighteen the north boundary of township eight; all of which is to be done by the first day of November eighteen hundred and twenty two.

Sec. 2 Be it further enacted by the authority aforesaid, That John Byler and associates from and after the passage of this act, be and they are hereby authorized to demand and receive from each and every person traveling said road, the following rates of toll, to wit: For every four wheel carriage one dollar, for every two wheel carriage fifty cents, for every man and horse twelve and one half cents, for every pack horse twelve and one half cents for every loose horse six and one quarter cents, for every head of cattle tow cents, for each head of hogs or sheep one cent; and if any person shall pass around or through the gate kept on said road for the collection of toll, with intent to evade the payment of the toll hereby allowed, he, she or they for every such offense, shall forfeit and pay the said John Byler and associates five dollars, over and above the amount which his, her or their toll would have been, to be recovered before any Justice of the peace, with legal costs for the same.

Sec. 3. Be it further enacted, That Hance M. Cunningham, William Russell and Manley Files be and they are hereby appointed commissioners, and authorized to examine the aforesaid road, and if the road on the first day of November 1822 be not in the condition required by the first section of this act, then and in that case the commissioners shall direct the person keeping the gate to open the same and suffer each and every person to pass free of toll, until the commissioners aforesaid or a majority of them, shall certify that the road is in such order as is contemplated by the first section of this act.

Sec. 4. And be it further enacted, That if the aforesaid John Byler and associates or their agents be convicted of having taken toll while the gate is directed to be kept open in conformity with the foregoing section of this act they shall forfeit and pay the sum of twenty dollars, to be receiv-


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ed by any person aggrieved, before any Justice of the peace with legal cost.

Sec. 5. And be it further enacted, That John Byler and associates shall have all the benefits and profits arising from the tolls of said road for the term of twenty years forward from and after the passage of this act.

G. W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved, June 16, 1821…....THOMAS BIBB.

--------

AN ACT

Concerning persons residing on the University lands and who have not rented the same, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives, of the state of Alabama in General Assembly convened. That in all cases where any of the lands granted to this state by act of Congress for the purpose of a Seminary of learning may be cultivated by any person, and who may not have rented the same, either at public auction or by private contract, of the commissioners appointed to rent the same, he, she, or they shall be bound and is hereby made liable to pay the minimum price per acre as fixed by law, for each and every acre so cultivated; and the commissioners appointed to rent the same respectively, are hereby authorised and required to transmit to the Comptroller of public accounts a list of the names of the person or persons who may cultivate any of the lands aforesaid, describing the same by range, township section, &c. together with the number of acres so cultivated by each and every person, who is hereby authorized to collect the same, in the same manner as is prescribed by law for the collection of money due the state.

Sec. 2. And be it further enacted, That so much of any law as authorizes the Quarter-Master General to deliver to the commandment of the Cahawba Guards any number of the public arms of this state be, and the same is hereby repealed.

G. W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved June 16, 1821….......THOMAS BIBB.


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AN ACT

For the relief of John M. Flinn.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Comptroller of public Accounts be and he is hereby authorised and required to enter a further credit upon the books of his office of six hundred and seven dollars and twenty five cents, in favor of John M. Flinn, tax collector of Monroe county, in the year eighteen hundred and eighteen and eighteen hundred and nineteen, on the account of an allowance made by the Circuit Court of said county for the sum of five hundred and ninety-seven dollars and twenty-five cents, and ten dollars for coroners inquest.

Sec. 2. And be it further enacted, That the Comptroller of public accounts be and he is hereby further authorized and required to suspend further proceedings against said Flinn for the amount of thirteen hundred and nine dollars and eight cents in the case wherein said Flinn confessed judgment in behalf of the State for taxes collected by him in the county of Monroe, until the last day of the first session of the next General Assembly.

Sec. 3. And be it further enacted, That the Comptroller of public accounts be and he is hereby further authorized and required to proceed to the collection by execution of the balance still due the State, deducting each of the amount stated in the foregoing sections, from the whole amount of the judgment confessed by the said Flinn as aforesaid, Provided however, the comptroller shall be and hereby is required to stay all further proceeding against said Flinn until the last day of the first session of the next General Assembly, upon the said Flinn giving bond for the amount due the State, deducting the amount specified in the foregoing sections, with good and sufficient security to be approved by the solicitor of the first judicial circuit, payable on demand to the Governor and his successors in office, and provided also, the said Flinn shall have said bond executed within thirty days after the passage of this act.

G. W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved June 16, 1821.........THOMAS BIBB.


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AN ACT

Amendatory of certain acts and to establish certain election precincts therein mentioned.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of an act, passed at Cahawba, the sixth of December one thousand eight hundred and twenty entitled "an act to provide for fixing the site for the permanent seat of justice for the county of Marengo and for other purposes therein mentioned, as limits and requires the commissioners therein named to fix upon a site within four miles of the centre of the county line, and the same is hereby repealed: and the commissioners are hereby authorizee and directed to fix upon the most eligible site for the permanent seat of justice as near the centre of the county as may be.

Sec. 2. And be it further enacted, That an election precinct be, and is hereby established at the house of Cox, near Cole Fire creek in Pickens county.

Sec. 3. And be it further enacted, That there shall be an election precinct in the county of Jackson, on the Hurricane fork of Flint river, at the house of the Widow Campbell; in addition to those precincts already prescribed by law.

Sec. 4. And be it further enacted, That an election precinct is hereby established at the house of William Black shear in the county of Conecuh, in addition to those already established.

Sec. 5. And be it further enacted, That an election precinct be established at Bainbridge, in the county of Franklin.

Sec. 6. And be it further enacted, That the seat of justice for the county of Jefferson, be and the same is hereby permanently fixed in the town of Elyton in said county.

GEORGE W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved, June 13, 1821.........THOMAS BIBB,

____

AN ACT

Concerning the Cahawba Bridge.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That full power and authority is hereby vested in the Town Council of Cahawba, to take into their charge and possession, the Cahawba Bridge, and to pass and establish such by-laws, rules and regulations, as they may deem necessary and proper to preserve the Bridge from injuries.


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Sec. 2. And be it further enacted, That for any injury Penalty for either willful or negligent, which may be done to the bridge the said Town Council is hereby vested with power and authority in their corporate capacity, and by their corporate name to bring suit in any court having competent jurisdiction, and moreover to recover such damages as may be assessed by a jury.

Sec. 3. And be it further enacted, That if any person shall willfully or maliciously injure or damage said bridge, such person so offending, on conviction in a court of competent jurisdiction, shall pay such fine as may be assessed by a jury, and may be imprisoned any number of days not exceeding thirty at the discretion of the judge who may try the same.

Sec. 4. And be it further enacted, That all fines and damages recovered under this act, either in the State courts or by the Council in a summary way, shall be applied by the Council in keeping the Bridge up and in repair.

G. W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved, June 16, 1820.........THOMAS BIBB.

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AN ACT

To authorise Malcom Gilchrist of Lawrence county to build a mill and other water works on the Muscle Shoals.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Malcom Gilchrist of Lawrence county, be, and he is hereby authorised to build a mill and any other water works on the Muscle Shoals on the Tennessee river, opposite and adjoining to fractional section, number twenty-six in township number three, range number seven, west of the basis meridian in the district of lands sold at Huntsville.

Sec. 2. And be it further enacted, That the said Malcom Gilchrist, is hereby authorized to extend the damns of the said mill and other water words up the said River, and opposite to fractional section number twenty-five in said township and range. Provided, That the said water works nor dam shall interfere with the navigation of said river.

GEORGE W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved , June 12, 1820......THOMAS BIBB.


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AN ACT

To change the name of Ococoposa, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the name of the Town of Ococoposa in the county of Franklin, be altered to that of Big Spring and that elections for trustees, town constable, assessor, collector and treasurer, be held hereafter on the first Monday in August next, and on that day in each and every year thereafter.

Sec. 2. And be it further enacted, That so much of an act passed on the twentieth day of December eighteen hundred and twenty, as militates against this act, be, and the same is hereby repealed.

Sec. 3. And be it further enacted, That form and after the passage of this act, the county of Cotaco, shall be known and called by the name of Morgan. And all rights, actions, prosecutions, claims and contracts of individuals as well as bodies corporate shall continue as if no change in the name of the county of Cotaco had taken place, and all process running in the name of Cotaco shall hereafter run in the name of the county of Morgan:

Sec. 4. And be it further enacted, That all officers, both civil and military, holding commissions or appointments in the said county of Cotaco, shall continue the same in the county of Morgan, during their legal or constitutional period, and all laws and parts of laws relating to the county of Cotaco, shall be construed to relate to the county of Morgan.

G. W. OWEN,

Speaker of the House of Representatives.

GABRIEL MOORE,

President of the Senate.

Approved, June 14, 1821........THOMAS BIBB.